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Series

2001

The Catholic University of America, Columbus School of Law

International Law

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Full-Text Articles in Law

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez Jan 2001

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles and Other Contributions

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in ...